It’s Only April, and State Supreme Courts Already Have Decided Over Three Dozen Insurance Coverage Cases This Year

State supreme courts have issued more than three dozen significant decisions on insurance coverage already this year.

The decisions have come from the high courts in Alabama, Alaska, Arizona, Arkansas, California, Florida, Idaho, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Vermont, Washington, and West Virginia.

All of these decisions have been discussed and analyzed in Case Law Developments on FC&S Legal:

Glassblowing May Be an Art. But Policy Excluded Coverage for It As a Business, Vermont Supreme Court Rules.

Policyholders May as Well Skip the Declarations Page to Determine Coverage, Missouri Supreme Court Ruling Suggests

Minnesota Supreme Court Caps Insureds' Recovery in Statutory Bad Faith Cases

Missouri Supreme Court Rejects Insureds' Contention That Policy Declarations Made UIM Provision Ambiguous

West Virginia's Top Court Limits Enforceability of Assigned Bad Faith Claims

Oklahoma Supreme Court, in Case Involving Insurer's “Appalling Conduct,” Expands Ability to Bring Bad Faith Claims

Texas Supreme Court Applies “Plain Meaning” of “Succeeds” in D&O Policy's Insured v. Insured Exclusion

Pennsylvania Supreme Court Upholds UIM Rejection Form with “de Minimis” Deviations from Specifically Required Statutory Language

Montana Supreme: No Coverage under Commercial Auto Policy for Damage Caused by Burning Downed Trees

Oklahoma Supreme: Public Policy Did Not Prohibit Enforcement of Policy's Indoor Air Exclusion

An Immigrant's Story: From the Fields of Mexico to a Landmark Idaho Supreme Court Ruling on a Disabled Worker's Compensation Rights

Nebraska Supreme: Insurer May Depreciate Labor Costs When Determining “Actual Cash Value” Even When Policy Defined Neither Depreciation Nor Actual Cash Value

Oregon Supreme Court, Adopting Minority View, Rules That PIP Medical Benefits Do Not Include Insured's Transportation Costs to Receive Medical Care

Florida Supreme Court Limits Discovery by PIP Insurers from Healthcare Providers

Utah Supreme Court Rules That Statute Imposes Strict Liability on Incapacitated Driver – and Limits Driver's Liability to Insurance Policy

Louisiana Supreme Court Reverses 2 Lower Court Decisions Finding Coverage for Deputy Sheriff Who Alleged Injury When He Leaned Back While Sitting in Chair That Then Gave Way

Arizona Supreme Court Addresses Effect of Full-Credit Bids on Title Insurance Policies

New York's Top Court Rejects Coverage for Tower Crane Damaged by Superstorm Sandy

Massachusetts Top Court Limits Bad Faith Awards Against Insurers

Washington Supreme Court Limits Actions Against Insurers Under State's Insurance Fair Conduct Act

Alaska Supreme: Insurer's Claims Handling Actions Could Yield Tort Duty to Third Party Claimant

Oregon Supreme Court Broadens Ability of Insureds to Recover Attorneys' Fees in Coverage Suits Against Insurers

N.J. Supreme: Policy's Anti-Assignment Clause Did Not Bar Assignment of Post-Loss Claim – Even in Absence of Money Judgment

South Carolina Supreme: Insurer's “Generic” Reservation of Rights Letters Failed to Adequately Reserve Right to Contest Coverage of Actual Damages

Alabama Supreme: Insurer Did Not Have to Cover Implied Permissive Driver

Utah Supreme: Insurer Did Not Have to Cover Woman Who Admitted She Intentionally Drove Truck Off Road in Suicide Attempt

California Supreme Court, in Broad Opinion, Rejects Insurers' Challenge to Insurance Commissioner's Regulation on Replacement Cost Estimates

National Union Fire Insurance Company Could Not Rely on Late Notice to Disclaim Coverage in Absence of Actual Prejudice, Maryland's Top Court Rules

Texas Supreme: Fencing, Even if Attached to Home by Only 4 Bolts, Was Covered Under Liberty Mutual Policy's “Dwelling” Provisions

Florida Supreme: Allstate Policy Provided Sufficient Notice of Its Intent to Use Medicare Fee Schedules to Limit Reimbursements for Medical Expenses

Utah Supreme: Divorce Revoked Wife's Beneficiary Status in Absence of Contrary Language in Divorce Decree or Life Insurance Policy Itself

Minnesota Supreme Court Rules That Auto Policy's Anti-Assignment Clause Precluded Insureds' Assignments to Medical Provider

Nebraska Supreme Court Upholds Post-Loss Assignment of Claim under Homeowner's Policy Despite Non-Assignment Clause

Maine Supreme: Policy's Assault and Battery Exclusions Were “So Broadly Written” as to Preclude Coverage for Suit Against Insured Stemming from Bar Fight

Arkansas Supreme: Workers' Comp Act Provided Exclusive Remedy for Worker's Asbestos-Related Claim Even Though It Also Barred Him from Obtaining Benefits

Missouri Supreme: Policy's Assault and Battery Exclusion Did Not Preclude $1 Million Judgment Against Insurer Stemming from Shooting

Steven A. Meyerowitz

Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].

It’s Only April, and State Supreme Courts Already Have Decided Over Three Dozen Insurance Coverage Cases This Year

Steven A. Meyerowitz

Get Answers Directly From the FC&S Experts

FC&S Coverage Insider

Share By Email

It’s Only April, and State Supreme Courts Already Have Decided Over Three Dozen Insurance Coverage Cases This Year

Steven A. Meyerowitz

Get Answers Directly From the FC&S Experts

Weekly Highlights

Newsletter Sign-Up

FC&S Coverage Insider

Fast Things You Need To Know